Laws of New York State
Reference: New York State Legislature
Last Update: Feb 22, 2015

§118 - Acquisition by counties of lands for right-of-way and other purposes

Cite: N.Y. H.A.Y. Law § 118 (Consol.).


1. If a county road, proposed to be constructed or improved as provided in this article, or which shall have been heretofore constructed, or which it is proposed to repair or reconstruct as provided in this article or in which it is proposed to change the course of a dangerous section thereof, shall deviate from the line of a highway already existing, the board of supervisors of the county where such highway is located shall provide the requisite right-of-way prior to the advertisement for proposals. The execution by the property owner of an option to purchase, or of a release or agreement giving the county the right to enter and occupy property for highway purposes shall be deemed to be a sufficient acquisition of right-of-way under this article, and upon the certification of the board of supervisors that the county has secured such options, releases or agreements from the reputed owners of all parcels of right-of-way called for by the plans, the county superintendent may proceed to advertise for proposals for the improvement. The board of supervisors shall also secure all necessary rights-of-way for drains or ditches required to properly drain the highway either during construction or after completion thereof and may also acquire lands for the purpose of obtaining gravel, stone or other material, when required for the construction, reconstruction, improvement or maintenance of such highways, or for spoil banks, together with a right-of-way to such spoil banks and to any bed, pit, quarry or other place where such gravel, stone or other material may be located.

2. The board of supervisors may also acquire lands at any corner formed by the intersection of highways, for the purpose of removing obstructions therefrom which shut off the view to intersecting highways; thereby to afford visibility or sight distance of such highways near, at and across any corner of lands at highway intersections.

3. The board of supervisors may also acquire lands at any curve along county roads, for the purpose of removing obstructions therefrom which shut off the view of, to, over and along such highway; thereby to afford visibility or sight distance at, over, along and across any such curve.

4. When requested by the commissioner of transportation, the board of supervisors shall also provide lands or rights or interests therein, including designation of controlled-access highways pursuant to section one hundred seventeen-b of this chapter, for rights of way and other purposes mentioned in this section, which the commissioner of transportation shall require pursuant to the provisions of sections eighty-one and eighty-four of this chapter. The execution by the property owner of an option to purchase, or of a release or agreement giving the state or the county the right to enter and occupy property for highway purposes shall be deemed to be sufficient acquisition of rights of way under this section, and upon the certification of the board of supervisors to the commissioner of transportation that the county has acquired options, releases or agreements from the reputed owners of all parcels of rights of way and all rights and interests deemed necessary, or has commenced condemnation proceedings with respect thereto, the commissioner of transportation may proceed to advertise for proposals for the improvement.

5. Notwithstanding the provisions of any general, special or local law, the county superintendent of highways, his agents, contractors or employees when engaged on work connected with the county road system in the county, may pursuant to the eminent domain procedure law enter upon any property for the purpose of making surveys, test pits, test borings, or other investigations. Claims for any damage caused by such work may be adjusted by agreement by the chairman of the governing body, a member or a committee appointed for the purpose, or determined by supreme court in accordance with the eminent domain procedure law.

6. In the construction, reconstruction or improvement of a county road where an existing entrance or approach to private lands is wholly or partially destroyed as a result of a substantial change in the existing grade, or for any other reason, the board of supervisors or a committee thereof authorized to acquire the necessary rights of way for said county road, may, upon the request of the abutting property owner affected, cause the reestablishment of the entrance, approach or driveway to be adjusted to the grade of the new road, and the cost thereof shall be a county charge payable out of the county road fund. In such adjustment the details of the work shall be as determined by the county superintendent of highways. The county shall not be liable for the maintenance of such adjusted and reestablished approaches or driveways upon the lands of such abutting property owners, nor shall it be liable for damages in connection therewith after the completion of such adjustment work.

7. Within appropriations made for the construction and maintenance of county roads, and upon recommendation of the county superintendent of highways or upon its own motion, when it finds such action necessary in the interest of the public safety and welfare, because of density of population, proximity of schools and the volume of vehicular and pedestrian traffic the board of supervisors of a county may cause sidewalks for pedestrians to be constructed along any county road either in conjunction with or subsequent to the construction of such road and, if necessary, may acquire for such purpose property or easements thereto pursuant to the provisions of article six of this chapter.

[PREV] §117-E - Pedestrian overpass to be designated as the "Police Officer Robert McLellan Memorial Overpass"
[NEXT] §118-A - Abandoning of parts of county highways